Key Benefits:
10 October 1997 (State 1 Er January 2016)
This Law regulates the fight against money-laundering within the meaning of Art. 305 Bis Criminal Code (CP) 2 , the fight against the financing of terrorism within the meaning of Art. 260 D , para. 1, CP and the vigilance required for financial transactions.
1 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 RS 311.0
1 This Act applies to:
2 Are deemed financial intermediaries:
3 Also deemed to be financial intermediaries are persons who, as a professional, accept, retain or assist in the placement or transfer of heritage values belonging to third parties, in particular persons who:
4 Not covered by this Act:
1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 952.0
3 New content according to the c. 3 of the Annex to the PMQ of 28. 2012, effective from 1 Er March 2013 ( RO 2013 585 ; FF 2012 3383 ).
4 Introduced by c. II 9 of the Annex to the PMQ of 23 June 2006 on collective investments ( RO 2006 5379 ; FF 2005 5993 ). New content according to the c. 3 of the Annex to the PMQ of 28. 2012, effective from 1 Er March 2013 (RO 2013 585; FF 2012 3383).
5 RS 951.31
6 New content according to the c. II 9 of the Annex to the PMQ of 23 June 2006 on collective investments, in force since 1 Er Jan 2007 ( RO 2006 5379 ; FF 2005 5993 ).
7 RS 961.01
8 RS 954.1
9 Introduced by c. 12 of the annex to the L of 19 June 2015 on financial market infrastructure, in force since 1 Er Jan 2016 ( RO 2015 5339 ; FF 2014 7235 ).
10 RS 958.1
11 Introduced by c. 12 of the annex to the L of 19 June 2015 on financial market infrastructure, in force since 1 Er Jan 2016 ( RO 2015 5339 ; FF 2014 7235 ).
12 Introduced by c. 4 of the annex to the LF of 18 Dec. 1998 on gambling houses, in force since 1 Er April 2000 ( RO 2000 677 ; FF 1997 III 137).
13 RS 935.52
14 Repealed by c. II 8 of the annex to the PMQ of 17 Dec. 2004 on insurance supervision, with effect from 1 Er Jan. 2006 ( RO 2005 5269 ; FF 2003 3353 ).
1 The following are deemed politically exposed persons within the meaning of this Act:
2 Persons who are politically exposed to natural persons who, in a recognizable manner, are close to persons within the meaning of para. 1 for family, personal or business-related reasons.
3 The economic right of a legal person carrying on an operational activity shall be deemed to be persons who, in the last place, control the legal person, because they hold directly or indirectly, alone or in concert With a third party, a stake of at least 25 % of the capital or votes or otherwise control it. If these persons cannot be identified, the highest placed member of the governing body should be identified.
4 Politically exposed persons in Switzerland are no longer considered politically exposed within the meaning of this Act 18 months after they have ceased to perform their duties. The general diligence obligations of financial intermediaries remain reserved.
5 International sports federations are defined within the meaning of para. 1, let. C, non-governmental organisations recognised by the International Olympic Committee which administer one or more official sports on a global level, as well as the International Olympic Committee.
1 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
1 When establishing a business relationship, the financial intermediary must verify the identity of the counterparty on the basis of a supporting document. Where the counterparty is a legal entity, the financial intermediary must be aware of the provisions governing the power to engage the counterparty and verify the identity of the persons establishing the business relationship on behalf of the Moral person. 1
2 An intermediary who carries out a cash transaction shall only be required to verify the identity of the counterparty if a transaction or several related transactions between them reach a substantial sum.
3 Insurance institutions must verify the identity of the counterparty when the single premium, the periodic premium or the total of premiums reaches a substantial sum.
4 Where there are indications of money laundering or terrorist financing in the cases provided for in paras. 2 and 3, the identity of the counterparty must be verified even if the decisive sums are not reached. 2
5 The Federal Financial Market Supervisory Authority (FINMA), the Federal Playhouse Commission and the self-regulatory bodies set out in their field the sums considered important in the sense of paras. 2 and 3 and, if necessary, adapt them. 3
1 Phrase introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
3 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
1 The financial intermediary must identify the economic right with the due care required by the circumstances. If the counterparty is a publicly traded company or a subsidiary majority owned by such a company, the financial intermediary may renounce the said identification.
2 The financial intermediary must request from the counterparty a written statement indicating the natural person who is the economic right, if:
3 The financial intermediary shall require the counterparty holding global accounts or global deposits to provide it with a complete list of economic rights holders and shall forthwith communicate to it any modification of that list.
1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
1 Where, in the course of the business relationship, doubts arise as to the identity of the contracting party or the economic right, the identity check or the identification provided for in Art. 3 and 4 must be renewed.
2 In the case of repurchase insurance, the insurance institution must renew the identification of the economic right where, in the event of a loss or redemption, the person entitled is not the person who was mentioned at the time of the Conclusion of contract.
1 The financial intermediary shall be required to identify the purpose and purpose of the business relationship desired by the counterparty. The scope of the information to be collected, the hierarchical level competent to decide on the opening or continuation of a business relationship and the frequency of the controls shall be based on the risk of the contracting party.
2 The financial intermediary must clarify the background and purpose of a transaction or business relationship when:
3 Business relations with politically exposed persons abroad, as well as with persons close to them within the meaning of s. 2 A , para. 2, are deemed to have an increased risk in all cases.
4 Business relations with persons politically exposed in Switzerland or politically exposed persons in international organisations, as well as with persons close to them within the meaning of Art. 2 A , para. 2, are deemed to have an increased risk in relation to one or more other risk criteria.
1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 311.0
1 The financial intermediary shall prepare documents relating to the transactions carried out as well as to the clarifications required under this Law so that third-party experts in the field can obtain an objective view of the Transactions and business relationships and compliance with the provisions of this Act.
2 It shall keep the documents in such a way as to be able to satisfy, within a reasonable period of time, any requests for information or receivers made by the criminal prosecution authorities.
3 It retains records ten years after the termination of the business relationship or after the end of the transaction.
The financial intermediary is not required to comply with due diligence obligations (s. 3 to 7) if the business relationship deals only with low-value heritage values and there is no evidence of money laundering or terrorist financing.
1 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
Financial intermediaries take the necessary measures to prevent money laundering and the financing of terrorism. 1 In particular, they ensure that their staff receive sufficient training and that checks are carried out.
1 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
1 Traders referred to in s. 2, para. 1, let. B, must meet the following obligations if they receive more than 100,000 francs in cash as part of a trading transaction:
2 They must clarify the background and purpose of an operation when:
3 Traders must meet the obligations set out in paras. 1 and 2 even if the cash payment is made in several instalments of an amount less than 100 000 francs but which, together, exceed that amount.
4 They must not fulfil these obligations when payments in excess of 100 000 francs are made through a financial intermediary.
5 The Federal Council shall specify the obligations set out in paras. 1 and 2 and in accordance with the implementing rules.
1 The financial intermediary shall immediately inform the Office of Communication on money laundering within the meaning of Art. 23 (Communications Office):
1bis The trader shall immediately inform the communication office if he or she knows or presumes, on the basis of substantiated suspicion, that the species used in a trading operation:
1ter In communications under paras. 1 and 1 Bis , the name of the financial intermediary or dealer must appear. On the other hand, the names of the employees of the financial intermediary or the trader in charge of the file may not be mentioned, provided that the communication office and the criminal prosecution authority keep the possibility of rapid contact With them. 6
2 Lawyers and notaries are not subject to the obligation to disclose their suspicions to the extent that they are bound by professional secrecy under s. 321 of the Penal Code.
1 RS 311.0
2 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
3 Introduced by c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
4 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
5 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force ( RO 2009 361 ; FF 2007 5919 ). New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 (RO) 2015 1389; FF 2014 585).
6 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
During the analysis conducted by the communications office under s. 23, para. 2, the financial intermediary carries out client orders relating to the heritage values communicated under s. 9, para. 1, let. A, of this Act or pursuant to s. 305 Ter , para. 2, PC 2 .
1 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 311.0
1 The financial intermediary blocks the heritage values entrusted to it and which are linked to the information provided under Art. 9, para. 1, let. A, of this Act or s. 305 Ter , para. 2, PC 2 As soon as the communication office notifies it that it has transmitted this information to a criminal prosecution authority.
1bis The financial intermediary shall immediately block the heritage values entrusted to it and which relate to the information provided under Art. 9, para. 1, let. C.
2 It maintains the blocking of assets until a decision of the competent criminal prosecution authority has been received, but for a maximum of five working days from the time when the communication office has notified it that it has transmitted the information To a criminal prosecution authority in the case of para. 1 or of the time or he has informed the communication office in the case of para. 1 Bis .
1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 311.0
1 The financial intermediary shall not inform the persons concerned, or any third parties, of the fact that he has made a communication under Art. 9 of this Act or of s. 305 Ter , para. 2, PC 2 . The self-regulatory body to which the financial intermediary is affiliated is not considered to be a third party. The same applies to FINMA and the Federal Playhouse Commission with respect to financial intermediaries subject to their supervision. 3
2 Where the financial intermediary is not in a position to do so himself, he may inform the financial intermediary subject to this Law who is in a position to do so.
3 The financial intermediary may also inform another financial intermediary subject to this Act of the fact that he has made a communication under s. 9, if it is necessary to comply with the obligations under this Act and both meet one of the following conditions:
4 A financial intermediary who has been informed within the meaning of para. 2 or para. 3 is subject to the prohibition of information provided for in para. 1.
5 The trader shall not inform the persons concerned or third parties of the fact that he has made a communication under Art. 9. 4
6 The financial intermediary is not subject to the prohibition of informing in the sense of para. 1 and 5 when it comes to safeguarding its own interests in civil, criminal or administrative proceedings. 5
1 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 RS 311.0
3 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
4 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
5 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
1 Any person who, in good faith, communicates information under s. 9 or a block of assets under s. 10 cannot be prosecuted for breach of the secrecy of duty, solicitor-client privilege or business secret, or be held liable for breach of contract.
2 L' al. 1 also applies to a financial intermediary who makes a communication within the meaning of s. 305 Ter , para. 2, PC 2 , and to self-regulatory bodies which carry out a denunciation within the meaning of Art. 27, para. 4.
1 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 RS 311.0
1 Where the communications office requires additional information for the analysis of a communication received under s. 9 of this Act or of s. 305 Ter , para. 2, PC 1 , the financial intermediary responsible for the communication must, in so far as it has such information, provide it upon request.
2 Where the analysis shows that in addition to the financial intermediary responsible for the communication, other financial intermediaries take part or have taken part in a transaction or a business relationship, the financial intermediaries concerned must Provide all the relevant information to the communication office at the request of the latter, provided that they have such information.
3 The communication office shall determine the period within which the financial intermediaries referred to in paras. 1 and 2 must provide the requested information.
4 Financial intermediaries are subject to the prohibition of information provided for in Art. 10 A , para. 1.
5 The exclusion of criminal and civil liability under s. 11 shall apply mutatis mutandis.
The following bodies shall ensure that financial intermediaries comply with the obligations laid down in Chapter 2:
1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 New content according to the c. 12 of the annex to the L of 19 June 2015 on financial market infrastructure, in force since 1 Er Jan 2016 ( RO 2015 5339 ; FF 2014 7235 ).
1 Repealed by c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, with effect from 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
1 Any financial intermediary referred to in s. 2, para. 3, which is not affiliated with a recognised self-regulatory body, must apply to FINMA for authorisation to carry on business. 1
2 The authorization is granted if it meets the following conditions:
3 Lawyers and notaries acting as financial intermediaries must join a self-regulatory body.
1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
1 Traders who are required to meet the due diligence requirements of s. 8 A Instruct a review body to ensure that they comply with the obligations set out in Chapter 2.
2 Reviewers under s. 5 or undertakings under s. 6 of the Act of 16 December 2005 on the supervision of the revision 2 May be appointed as a review body if they possess the necessary technical knowledge and experience.
3 Traders are required to provide the review body with all necessary information and documentation for the control.
4 The review body shall verify that the obligations laid down in this Law are complied with and shall draw up a report for the body responsible for the trader subject to control.
5 If a trader does not fulfil his or her obligation to communicate, the review body shall immediately notify the communication office where there are justified suspicions that:
1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 221.302
3 Rectified by the drafting committee of the Ass. Fed. (art. 58, para. 1, LParl; RS 171.10 ).
4 RS 311.0
1 FINMA and the Federal Playhouse Commission immediately notify the communications office where there are substantiated suspicions that: 1
2 The obligation to communicate within the meaning of para. 1 is valid provided that the financial intermediary or the self-regulatory body has not already reported the case to the communication office.
1 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
3 RS 311.0
4 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
5 Introduced by c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
FINMA and the Federal Playhouse Commission specify for the financial intermediaries referred to in s. 2, para. 2, which are subject to their supervision of the obligations of care laid down in Chapter 2 and regulate the implementing rules, provided that no self-regulatory body has done so.
1 As part of the supervision of financial intermediaries referred to in s. 2, para. 3, FINMA performs the following tasks: 2
3 In order to ensure that professional secrecy is respected, self-regulatory bodies must carry out checks within the meaning of this Law (LBA checks) with lawyers and notaries by lawyers and notaries. The Federal Council lays down the special conditions for the granting of authorisation according to Art. 9a, para. 5, of the Act of 16 December 2005 on the supervision of the revision 4 . 5
4 The lawyers and notaries responsible for the LBA controls must meet the following conditions:
1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
3 Repealed by c. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), with effect from 1 Er Jan 2015 ( RO 2014 4073 ; FF 2013 6147 ).
4 RS 221.302
5 New content according to the c. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), in force since 1 Er Jan 2015 ( RO 2014 4073 ; FF 2013 6147 ).
6 Introduced by ch. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), in force since 1 Er Jan 2015 ( RO 2014 4073 ; FF 2013 6147 ).
1 FINMA maintains a register of financial intermediaries referred to in s. 2, para. 3, which are affiliated with a self-regulatory body. This register shall be accessible to the public in electronic form.
2 FINMA makes this data available through an appeal process.
1 Introduced by ch. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
1 Repealed by c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, with effect from 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
Financial intermediaries referred to in s. 2, para. 3, subject to the direct supervision of FINMA, must charge an audit firm approved by the Federal Supervisory Authority for review under s. 9 A Of the Act of 16 December 2005 on the supervision of the revision 2 To conduct an audit in accordance with Art. 24 of the Act of 22 June 2007 on the Supervision of Financial Markets 3 .
1 Introduced by ch. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets ( RO 2008 5207 ; FF 2006 2741 ). New content according to the c. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), in force since 1 Er Jan 2015 (RO) 2014 4073; FF 2013 6147).
2 RS 221.302
3 RS 956.1
1 Introduced by ch. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets ( RO 2008 5207 ; FF 2006 2741 ). Repealed by c. 9 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of review companies and audit companies), with effect from 1 Er Jan 2015 (RO) 2014 4073; FF 2013 6147).
When FINMA, pursuant to s. 37 of the Act of 22 June 2007 on the supervision of financial markets 2 Withdraws its authorization from an intermediary within the meaning of s. 2, para. 3, subject to its direct supervision, legal persons, partnerships and limited partnerships are dissolved and the individual reasons, radiated from the register of trade.
1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 RS 956.1
1 Repealed by c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, with effect from 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
1 The Federal Department of Finance (DFF) transmits to FINMA and the Federal Commission des maisons de jeu the data communicated and published by another State concerning persons and organizations which, pursuant to resolution 1373 of the Security Council (2001) 1 , have been listed in this state as leading or supporting terrorist activities.
2 FINMA transmits the data received from DFF:
3 The obligation to transmit data within the meaning of para. 2, let. A, also applies to the Federal Game Houses Commission.
4 The DFF does not transmit data to FINMA and the Federal Game Commission if, after consultation with the Federal Department of Foreign Affairs, the Federal Department of Justice and Police, the Federal Department of Defence, And the Federal Department of Economics, Training and Research, it must assume that this would result in a violation of human rights or the principles of the rule of law.
1 www.un.org > French > Peace and security > Security Council > Resolutions > 2001 > 1373
1 Federal Police Office 1 Manages the Money Laundering Communications Office.
2 The communication office shall verify and analyse the information provided to it. If necessary, it requires additional information under s. 11 A . 2
3 It manages its own data processing system for money laundering.
4 The communication office shall immediately denounce the case to the competent criminal prosecution authority where justified suspicion makes it possible to assume:
5 The communication office shall indicate to the financial intermediary within 20 working days whether or not it transmits the information communicated under Art. 9, para. 1, let. A, a criminal prosecution authority. 6
6 The communication office shall indicate to the financial intermediary whether or not it transmits the information communicated under Art. 305 Ter , para. 2, CP to a criminal prosecution authority. 7
1 The designation of the administrative unit has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.
2 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
3 RS 311.0
4 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
5 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
6 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
7 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
1 Self-regulatory bodies must meet the following requirements to be recognised as such:
2 The self-regulatory bodies of transport companies within the meaning of the law of 20 March 2009 on passenger transport 3 Must be independent of management. 4
1 New content according to the c. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), in force since 1 Er Jan 2015 ( RO 2014 4073 ; FF 2013 6147 ).
2 Introduced by c. 7 of the annex to the PMQ of 20 June 2014 (Concentration of supervision of revision companies and audit companies), in force since 1 Er Jan 2015 ( RO 2014 4073 ; FF 2013 6147 ).
3 RS 745.1
4 New content according to the c. II 3 of the annex to the LF of 17 Dec. 2010 on the organization of the post, in force since 1 Er Oct. 2012 ( RO 2012 5043 ; FF 2009 4731 ).
1 The self-regulatory bodies enact a regulation.
2 In this Regulation, they shall specify to the financial intermediaries who are affiliated with them the due diligence obligations set out in chap. 2 and set out the implementing rules.
3 They also define in this regulation:
1 The self-regulatory bodies shall keep the list of affiliated financial intermediaries and those to whom they refuse membership.
2 They shall communicate these lists and any changes made to them to FINMA. 1
1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
1 The self-regulatory bodies and the FINMA can exchange all the information and documents necessary to carry out their task.
2 The self-regulatory bodies report to FINMA without delay:
3 They shall submit to FINMA at least once a year a report on their activity under this Act and shall provide it with a list of sanction decisions rendered during the reporting period.
4 The self-regulatory organisations shall immediately denounce the case at the communication office where justified suspicion leads to the presumption: 2
5 Self-regulation bodies are exempt from the obligation to inform within the meaning of para. 4 if a financial intermediary that is affiliated with them has already satisfied them.
1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
3 RS 311.0
4 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
5 Introduced by c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
1 FINMA does not withdraw recognition of a self-regulatory body under Art. 37 of the Act of 22 June 2007 on the supervision of financial markets 2 After prior warning.
2 When the recognition is withdrawn to a self-regulatory body, the financial intermediaries affiliated to it fall under the direct supervision of FINMA.
3 Financial intermediaries are subject to the requirement to obtain an authorization under s. 14 if they do not join another self-regulatory body within two months.
4 Lawyers and notaries acting as financial intermediaries must join another self-regulatory body within two months when the recognition is withdrawn from the one to which they belong.
1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 RS 956.1
1 FINMA, the Federal Game House Commission and the Communications Office may exchange all information and documents necessary for the purposes of this Act. 2
2 If requested by the communications office or the central criminal police offices of the Confederation, the federal, cantonal and municipal authorities shall transmit to them all the data they need to carry out the analyses in Relationship with the fight against money laundering, offences prior to money laundering, organised crime or the financing of terrorism. Such data shall include, in particular, financial information and other sensitive data and personality profiles collected in criminal, administrative or administrative criminal proceedings, including in pending proceedings. 3
2bis The communications office may, on a case-by-case basis, provide information to the authorities referred to in para. 2, provided that they are used exclusively for the purposes of the fight against money laundering, offences prior to money laundering, organised crime or the financing of terrorism. Art. 30, para. 2 to 5, shall apply mutatis mutandis. 4
2ter The communication office may not transmit to the authorities referred to in para. 2 information from a foreign counterpart for the purposes mentioned in para. 2 Bis And with the express permission of the latter. 5
3 The Communication Office informs FINMA and the Federal Commission of Law Houses of the decisions of the cantonal criminal prosecution authorities. 6
1 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
3 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
4 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
5 Introduced by ch. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
6 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
1 The criminal authorities shall immediately inform the communication office of all proceedings pending in relation to s. 260 Ter , ch. 1, 260 D , para. 1, 305 Bis And 305 Ter , para. 1, PC 2 They shall, without delay, send them the judgments and decisions of the relevant non-suit, including their reasons.
2 In addition, they shall immediately inform the communication office of the decisions they have taken on the denunciations addressed to them.
3 The criminal authorities may give the information and documents necessary for the performance of their task to FINMA and the Federal Commission of the Federal House of Justice, to the extent that the criminal procedure is not hindered.
4 FINMA or the Federal Game House Commission co-ordinates possible interventions against a financial intermediary with the relevant criminal prosecution authorities. They shall consult the competent criminal prosecution authorities prior to the possible transmission of the information and documents they have received.
1 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).
2 RS 311.0
1 The communication office may transmit to a foreign counterpart the personal data and other information available to it or that it may obtain under this Act if it meets the following conditions:
2 In particular, it can transmit the following information:
3 It transmits this information in the form of reports.
4 It may authorise a foreign counterpart to transmit the information to third-party authorities if the latter give the following guarantees:
5 If the request for transmission to a third-party foreign authority concerns facts which are the subject of criminal proceedings in Switzerland, the communication office shall request prior authorisation from the public prosecutor's office responsible for conducting the proceedings.
6 The Communications Office is empowered to regulate the terms and conditions of cooperation with its foreign counterparts.
1 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
2 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
The communications office refuses to inform its foreign counterpart:
1 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
The provisions of sections 1 and 4 of the Federal Act of 7 October 1994 on the Central Criminal Police Offices of the Confederation 2 Shall apply by analogy in so far as this Law does not govern the processing of data and the granting of administrative assistance by the communication office.
1 Introduced by ch. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
2 RS 360
1 The cooperation of the communication office with the foreign criminal prosecution authorities is governed by s. 13, para. 2, of the Federal Law of 7 October 1994 on the Central Criminal Police Offices of the Confederation 2 .
3 The communication office shall not be authorised to transmit to the foreign criminal prosecution authorities the name of the person who sent the communication from the financial intermediary or the trader or who has complied with the duty to inform Art. 11 A . 4
1 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
2 RS 360
3 Repealed by c. I of the PMQ on June 21, 2013, with effect from 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
4 Introduced by ch. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force ( RO 2009 361 ; FF 2007 5919 ). New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 (RO) 2015 1389; FF 2014 585).
The processing of personal data is governed by the Federal Law of 19 June 1992 on Data Protection 1 .
1 Financial intermediaries manage separate files containing all communications-related documents.
2 They can only transmit data from these files to FINMA, the Federal Playhouse Commission, the self-regulatory bodies, the communication office and the criminal prosecution authorities. 1
3 The persons concerned have no right of access within the meaning of s. 8 of the Federal Law of 19 June 1992 on Data Protection 2 , on the one hand, between the time when information is communicated under Art. 9, para. 1, of this Act or under s. 305 Ter , para. 2, PC 3 , and the person in which the communication office informs the financial intermediary in accordance with Art. 23, para. 5 or 6, on the other hand, as long as the freezing of assets under s. 10. 4
4 The data must be destroyed five years after being communicated to the competent authorities.
1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 RS 235.1
3 RS 311.0
4 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
1 The processing of personal data by the communication office is governed by the Federal Law of 7 October 1994 on the Central Criminal Police Offices of the Confederation 1 The right of individuals to obtain information is governed by s. 8 of the Federal Law of 13 June 2008 on the Police Information Systems of the Confederation 2 . 3
2 The communications office, FINMA, the Federal Playhouse Commission and the criminal prosecution authorities can exchange information through an appeal procedure. 4
1 RS 360
2 RS 361
3 New content according to the c. 9 of Annex 1 to the PMQ of 13 June 2008 on the police information systems of the Confederation, in force since 5 Dec. 2008 ( RO 2008 4989 ; FF 2006 4819 ).
4 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
1 To carry out its tasks, the communication office can check online if the person who has been reported or denounced is registered in one of the following information systems:
2 Access to more extensive information is governed by the provisions applicable to each information system.
1 Introduced by ch. 9 of Annex 1 to the PMQ of 13 June 2008 on the police information systems of the Confederation, in force since 5 Dec. 2008 ( RO 2008 4989 ; FF 2006 4819 ).
1 Repealed by c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, with effect from 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
1 A fine of up to 500 000 francs is imposed on the person who, intentionally, infrings the obligation to communicate under s. 9.
2 If the author acts by negligence, he shall be punished by a fine of not more than 150,000 francs.
1 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
2 Repealed by c. 12 of the annex to the L of 19 June 2015 on financial market infrastructure, with effect from 1 Er Jan 2016 ( RO 2015 5339 ; FF 2014 7235 ).
1 A trader is liable to a fine of not more than 100,000 francs if he intentionally infrings the obligation under s. 15 to mandate a review body.
2 If it acts negligently, it shall be punished by a fine of not more than 10 000 francs.
1 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
1 Repealed by c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, with effect from 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
1 The Federal Council shall issue the provisions necessary for the implementation of this Law.
2 It may authorize FINMA and the Federal Playhouse Commission to enact implementing provisions in areas of limited scope, including technical matters.
1 New content according to the c. I 4 of the 3 Oct LF. 2008 on the implementation of the revised recommendations of the Financial Action Task Force, in force since 1 Er Jan 2010 ( RO 2009 361 6401; FF 2007 5919 ).
1 This Law shall apply from its entry into force to the financial intermediaries referred to in Art. 2, para. 2. The obligation to communicate (art. 9) applies at this time to all financial intermediaries.
2 The self-regulatory bodies must, within one year, submit a request for recognition and submit their regulation to the supervisory authority for approval.
3 Two years after the coming into force of this Act, the financial intermediaries referred to in s. 2, para. 3, if they are not affiliated with a recognised self-regulatory body, subject to the direct supervision of the supervisory authority, to which they will have to file an application for authorisation (Art. 14).
4 Lawyers and notaries acting as financial intermediaries shall be affiliated with a self-regulatory body within two years of the entry into force of this Law.
1 This Act is subject to an optional referendum.
2 The Federal Council shall fix the date of entry into force.
Date of entry into force: 1 Er April 1998 13
1 * The terms designating people also apply to women and men. New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
2 RS 101
3 New content according to the c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
4 FF 1996 III 1057
5 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
6 New content according to the c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
7 Introduced by c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
8 Introduced by c. I of the PMQ of June 21, 2013, in force since 1 Er Nov 2013 ( RO 2013 3493 ; FF 2012 6449 ).
9 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
10 New content according to the c. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
11 Introduced by ch. 17 of the Annex to the L of 22 June 2007 on the supervision of financial markets, in force since 1 Er Jan 2009 ( RO 2008 5207 ; FF 2006 2741 ).
12 Introduced by c. I 7 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
13 ACF of March 16, 1998